Good news: (upto) 3 month shortfall acceptable for ILR(Tier1

[CoolestGuyC]

Not sure if all noted this (good) change (coming from 06 April 2011) for Tier 1 settlements:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary says:

2.2 Applications that fall short of the five year continuous period
In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.

[xyz123]

Not sure if all noted this (good) change (coming from 06 April 2011) for Tier 1 settlements:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary says:

2.2 Applications that fall short of the five year continuous period
In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.

Whilst this doesnt affect me i am slightly concerned by use of "Continuous" word in above sentence.

where it says "In some cases, applicants may have been granted 5 years continuous leave......"i am curious as to use of Continuous. Tier 1 visas were never issued for 5 years continuously. Everyone who came to this country on Tier 1 would need an extension if they are going for SET(O) route. What happens if first Tier 1 visa was 2/3 years and extension was made to make up 5 years but applicant entered UK more than 28 days after being given Tier 1?

many here have bad experience of UKBA staff's competance and i wonder if they use this ambuguity to cause problems!

[CoolestGuyC]

Not sure if all noted this (good) change (coming from 06 April 2011) for Tier 1 settlements:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary says:

2.2 Applications that fall short of the five year continuous period
In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.

Whilst this doesnt affect me i am slightly concerned by use of "Continuous" word in above sentence.

where it says "In some cases, applicants may have been granted 5 years continuous leave......"i am curious as to use of Continuous. Tier 1 visas were never issued for 5 years continuously. Everyone who came to this country on Tier 1 would need an extension if they are going for SET(O) route. What happens if first Tier 1 visa was 2/3 years and extension was made to make up 5 years but applicant entered UK more than 28 days after being given Tier 1?

many here have bad experience of UKBA staff's competance and i wonder if they use this ambuguity to cause problems!

They have copy pasted this paragraph from Work permit section and that is the reason for the "continuous" word. I am pretty sure that they mean the usual Tier 1 applicants (with 2/3 years initial leave and 3/2 years extension there after).

[srikp]

For those who have less than 3 months gap between EC and 'date of entering UK', how does this guideline affect the date on which we can apply for ILR - is it still 28 days before expiry of current visa?

[BACK_TO_GB]

@srkip.... good question and one i have asked too....

I would think yes 28 days BEFORE 5 YEARS COMPLETION EXPIRES and any time before Visa expires

[junesun]

this link is no longer available

any update?

[networkers]

this link is no longer available

any update?

Here is the updated link

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[junesun]

this link is no longer available

any update?

Here is the updated link

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

thank you sooooooo much...

in that case, can I apply ILR in person? or I have to post my application?

how long it will take if I apply ILR in post?

[atukflrn]

Has anyone lodged a successful ILR application where the initial entry to UK was late by (within) 3 months of EC?

[Kiwi Adam]

Hi there,

I originally came into the UK on an HSMP visa that was valid from 30 May 2008. I didn’t actually enter the UK until July 31 (ie 2 months and 1 day later). I got it extended under Tier 1 in 2010 which will expire on 30 May 2013.

Having a look through the Home Office website it appeared at first that my only option at May 2013 would be to extend my Tier 1 visa (again) because I wouldn’t have been here the four years and eleven months needed to qualify for ILR.

One thing that is not clear from the website is how long that second extension is for. Is it a further 2 years?

However, one other thing that I found confusing from the website is the following statement on the ILF caseworker guidance notes:

----
Applications that fall short of the five year continuous period:

In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.
----

This would imply that I ‘may’ qualify for ILR at May 2013 as the date I entered was less than 3 months between entry clearance and the actual date I entered. It is the word ‘may’ that is slightly concerning, though.

Would you suggest I apply for ILR or a further extension under Tier 1?

[nnj10]

This would imply that I ‘may’ qualify for ILR at May 2013 as the date I entered was less than 3 months between entry clearance and the actual date I entered. It is the word ‘may’ that is slightly concerning, though.

Would you suggest I apply for ILR or a further extension under Tier 1?

You are right, you should be able to apply for your ILR at May 2013, as gap between EC Visa stamped and date of entry to UK less than 3 months.
In most cases, the case worker should consider this even though it says "may".

[linkers]

Please see this post. This guy is in the same situation as all of us and he managed to get same day ILR.


http://www.immigrationboards.com/viewto ... e8f120005c

[linkers]

I interpret this law as: If the gap between your entry clearance and entry to UK is less than 90 days, AND if your visa expires before the 5th anniversary of your arrival date, then the case worker can use the discretion and can consider the start of 5 years from the date of entry clearance.

[mulderpf]

Not sure if all noted this (good) change (coming from 06 April 2011) for Tier 1 settlements:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary says:

2.2 Applications that fall short of the five year continuous period
In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.

Whilst this doesnt affect me i am slightly concerned by use of "Continuous" word in above sentence.

where it says "In some cases, applicants may have been granted 5 years continuous leave......"i am curious as to use of Continuous. Tier 1 visas were never issued for 5 years continuously. Everyone who came to this country on Tier 1 would need an extension if they are going for SET(O) route. What happens if first Tier 1 visa was 2/3 years and extension was made to make up 5 years but applicant entered UK more than 28 days after being given Tier 1?

many here have bad experience of UKBA staff's competance and i wonder if they use this ambuguity to cause problems!

It says continuous leave which refers to leave to enter followed by applications for leave to remain. This is continuous leave. It would not be continuous for example if you are required to leave the UK and apply for fresh leave to enter (bar any exceptions to this of course). Tier 1 General holders will have received 5 years continuous leave (either 3+2 years or 2+3 years), unless you applied for extension super-early (which the HO advises against in any case).

[cars2fly]

It says continuous leave which refers to leave to enter followed by applications for leave to remain. This is continuous leave. It would not be continuous for example if you are required to leave the UK and apply for fresh leave to enter (bar any exceptions to this of course). Tier 1 General holders will have received 5 years continuous leave (either 3+2 years or 2+3 years), unless you applied for extension super-early (which the HO advises against in any case).

Hi mulderpf,

I have a case where I have spent 100 continuous days outside UK but still total days less 180 in a situation when I was changing from WP to T1G. And I had HSMP approval before. (more details of my case at http://www.immigrationboards.com/viewtopic.php?t=93109)
Do you think I stand a chance there?